St. Paul & Duluth Railroad v. City of Duluth
Supreme Court of Minnesota
Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 23, 1893, denying its motion for a new trial.
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Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 23, 1893, denying its motion for a new trial. Action brought by the St. Paul & Duluth Railroad Company to require the city to construct and continue its storm sewers underneath its railroad tracks to the Bay of Duluth and to restrain the City from so constructing new storm sewers as to empty their waters against its embankment built for its tracks along the shore of the bay. The facts are stated in the opinion. The issues were referred to J. L. Washburn, Esq., to…
1Opinion of the CourtCanty, J.
The part of the city of Duluth here in question is a • steep hillside, sloping towards St. Louis bay. This slope rises 600 •feet above the bay, and extends back from it more than a mile. In 1870, between the foot of the hill and the bay, there was a wide margin of marsh or swamp, covered, more or less, with the. water ■of the bay. Between what is now Fourth Avenue East and Twelfth .Avenue West, there were on this slope seventeen large ravines, which were well-defined water' channels, in which water ran down the Mill into the swamp below, and there spread out over the swamp, ¡and flowed off…
2Cases cited1 opinion
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
3Cited by8 opinions
- Archer v. City of Los AngelesCalifornia Supreme Court · 1941
- City of Maysville v. BrooksCourt of Appeals of Kentucky · 1911
- Miller & Meyers v. City of Newport NewsSupreme Court of Virginia · 1903
- Dudley v. Village of BuffaloSupreme Court of Minnesota · 1898
- Roche v. City of MinneapolisSupreme Court of Minnesota · 1947
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